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| WHEREAS, | the Absentee-Shawnee Tribe of Indians of Oklahoma is a federally
recognized Indian Tribe exercising all inherent sovereign rights from
time immemorial, and |
| WHEREAS, | the Absentee-Shawnee Tribe of Indians of Oklahoma has a Constitution
approved by the Department of the Interior, last amended in August,
1988, and |
| WHEREAS, | the Executive Committee of the Absentee-Shawnee Tribe of Indians of
Oklahoma is empowered by the Constitution to speak and otherwise conduct
business in the name of, and on behalf of, the Absentee-Shawnee Tribe of
Indians of Oklahoma, and |
| WHEREAS, | it is the duty and responsibility of the Executive Committee to amend
the laws and ordinances of the Tribe from time to time in the best
interests of the Tribe and its membership, and |
| WHEREAS, | it is deemed in the best interest of the Absentee-Shawnee Tribe and
its membership that Section 507 of the Criminal Code of the
Absentee-Shawnee Code of Laws as shown below, shall be amended: |
(1) EXCEPT A DULY APPOINTED PEACE OFFICER to carry upon or about his or her person, or in a portfolio or purse, any dangerous weapon, or firearm, except as may otherwise be provided for in the Code of Laws of the Absentee- Shawnee Tribe of Oklahoma.
(2) EXCEPT A DULY APPOINTED PEACE OFFICER, to carry into any church or religious assembly, or any other place where persons are assembled for worship, for gaming, for amusement, or for educational or scientific purposes, or into any public or Tribal exhibition of any kind, or any social gathering, Tribal Election, or political meeting or any other Tribal assembly, or upon any Tribal buildings, camp grounds, or Tribal Lands any dangerous weapon, or firearm, except as may otherwise be provided for in the Code of Laws of the Absentee-Shawnee Tribe of Oklahoma.
(3) To carry a loaded firearm in a vehicle on a public 'road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so.
(1) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative.(c) Weapons offense shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both, or by any combination to the aforesaid punishments as may be set forth by the Tribal Court, or banishment for a period not to exceed three months.
(2) "Firearms" mean pistols, revolvers, rifles, shotguns, and any device that is capable of being used as a weapon because it expels a projectile by some means of force.
(3) A firearm or other weapon shall be deemed loaded when there is an unexpended cartridge, shell or projectile in the firing position except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in such a position as next to be fired.
| WHEREAS, | the following amended Section 507 of the Absentee-Shawnee Criminal
Code shall be effective immediately upon adoption of this Resolution: (a) It shall be unlawful for any person: (1) EXCEPT A DULY APPOINTED PEACE OFFICER to carry upon or about his or her person, or in a portfolio or purse, any dangerous weapon, or firearm, except as may otherwise be provided for in the Code of Laws of the Absentee- Shawnee Tribe of Oklahoma. (b) Definitions: (1) "Peace Officer" means any Tribal Law Officer or Gaming Security Personnel authorized to carry a weapon pursuant to the Tribal Gaming Code., |
| WHEREAS, | the Absentee-Shawnee Tribe of Indians of Oklahoma is a federally
recognized Indian Tribe exercising all inherent sovereign rights from
time immemorial, and |
| WHEREAS, | the Absentee-Shawnee Tribe of Indians of Oklahoma has a Constitution
approved by the Department of the Interior, last amended in August,
1988, and |
| WHEREAS, | the Executive Committee of the Absentee-Shawnee Tribe of Indians of
Oklahoma is empowered by the Constitution to speak and otherwise conduct
business in the name of, and on behalf of, the Absentee Shawnee Tribe of
Indians of Oklahoma, and |
| WHEREAS, | it is deemed in the best interests of the Tribe and its membership to
amend certain portions of the Code of Laws to reflect this alteration in
the Tribe's jurisdiction, and |
| WHEREAS, | the Code of Laws, at Chapter Five, Criminal Offenses, Section 507, Weapons
Offense currently reads as follows: (a) It shall be unlawful to: (1) Have a dangerous weapon in one's actual possession while being addicted to any narcotic drug; or after having been declared mentally incompetent; or while being intoxicated or otherwise under the influence of alcoholic beverages or other intoxicating substance, drug, or medicine; or while possessing the intent to unlawfully assault another; or while under the age of sixteen years old, and without the consent of his parent or guardian. (2) Carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so. (b) Definitions: (1) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative. (2) "Firearms" mean pistols, revolvers, rifles, shotguns, and any device that is capable of being used as a weapon because it expels a projectile by some means of force. (3) A firearm or other weapon shall be deemed loaded when there is an unexpended cartridge, shell or projectile in the firing position except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in such position as next to be fired. (c) Weapons offense shall be punishable by a fine not to'. exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both, and |
| WHEREAS, | the Code of Laws, at Chapter Five, Criminal Offenses, Section 507, Weapons
Offense shall be amended to read: (a) It shall be unlawful for any person: (1) EXCEPT A DULY APPOINTED PEACE OFFICER to carry upon or about his or her person, or in a portfolio or purse, any dangerous weapon, or firearm, except as may otherwise be provided for in the Code of Laws of the Absentee- Shawnee Tribe of Oklahoma. (2) EXCEPT A DULY APPOINTED PEACE OFFICER, to carry into any church or religious assembly, or any other place where person are assembled for worship, for gaming, for amusement, or for educational or scientific purposes, or into any public or Tribal exhibition of any kind, or any social gathering Tribal Election, or political meeting or any other Tribal assembly, or upon any Tribal buildings, camp grounds, or Tribal Lands any dangerous weapon, or firearm, except as may otherwise be provided for in the Code of Laws of the Absentee-Shawnee Tribe of Oklahoma. (3) To carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so. (b) Definitions: (1) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative. (2) "Firearms" mean pistols, revolvers, rifles, shotguns, and any device that is capable of being used as a weapon because it expels a projectile by some means of force. (3) A firearm or other weapon shall be deemed loaded when there is an unexpended cartridge, shell or projectile in the firing position except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in such position as next to be fired. (c) Weapons offense shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both, or by any combination to the aforesaid punishments as may be set forth by the Tribal Court, or banishment for a period not to exceed three months, and |
| WHEREAS, | the Code of Laws, at Chapter Five, Criminal Offenses, Section 508, Aggravated
Weapons Offense currently reads as follows: (a) It shall be unlawful to carry a dangerous weapon concealed on the person or to threaten to use or exhibit a dangerous weapon in a dangerous and threatening manner, or use a dangerous weapon in a fight or quarrel; or to possess a shotgun or rifle having a barrel or barrels of less than sixteen inches in a length or an altered or modified shotgun or rifle less than twenty-four inches overall length. |
| WHEREAS, | the Code of Laws, at Chapter Five, Criminal Offenses, Section 508, Aggravated
Weapons Offense shall be amended to read: (1) It shall be unlawful to carry a dangerous weapon or firearm concealed on the person or to threaten to use or exhibit a dangerous weapon in a dangerous and threatening manner, or use a dangerous weapon in a fight or quarrel; or to possess a shotgun or rifle having a barrel or barrels of less than sixteen inches in length or an altered or modified shotgun or rifle less than twenty- four inches overall length. (2) It shall be unlawful to have a dangerous weapon or firearm in one's possession while being addicted to any narcotic drug; or after having been declared mentally incompetent; or while being intoxicated or otherwise under the influence of alcoholic beverages or other intoxicating substance, drug, or medicine; or while possessing the intent to unlawfully assault another. (b) Aggravated weapons offense shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both, or by any combination to the aforesaid punishments as may be set forth by the Tribal Court, or banishment for a period not to exceed one year. |
| WHEREAS, | this amendment shall become effective immediately. |
(1) Destroying or damaging any building, dwelling, occupied structure or other property of another exceeding One Thousand Dollars ($1,000.00) in value; or(b) Arson in the First degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00); or by imprisonment in the Tribal jail for a term of not less than three months nor more than one year; or by banishment for a period of not less than five nor more than ten years; or any combination of the above sentences.
(2) Destroying or damaging any property, by whoever owned, to collect insurance for such loss.
(1) Endangers human life or safety, or(b) Arson in the Second degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(2) Damages or destroys the property of another,
(1) Take reasonable measures to put out or control the fire, or;(b) Arson in the third degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.
(2) To give prompt alarm, if the fire is spreading in such manner that it may endanger the life or property of another.
(1) Damage or destroy any property with the intent to defraud an insurer, or;(b) Criminal mischief shall be punishable by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment in the Tribal jail for not more than three months, or both.
(2) Tamper with the property of another so as to recklessly endanger the safety of another, or recklessly cause any damage to any property or utility service, or;
(3) Damage, destroy, maim, or deface any domestic animal property of another, or;
(4) Purposely or recklessly shoot or propel a missile or other object upon or against a motor vehicle, airplane, boat, locomotive or train.
(1) Cause annoyance or injury to any person therein, or;(b) Breaking and Entering shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.
(2) Cause damage to any property therein, or;
(3) Commit any offense therein, or
(4) Steal, or
(5) Cause, or does actually cause, whether intentionally or recklessly, fear for the safety of another.
(1) Personal communication by the owner or someone having authority to act for the owner, or(b) Criminal Trespass shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
(2) Fencing, other than barbed wire or similar field fences except as hereafter provided, or other enclosure obviously designed to exclude intruders, or
(3) Posting of signs prohibiting entry reasonable designed to come to the attention of intruders.
(1) The property was open to the public upon entry and upon being ordered to leave the person did so without undue delay, or(d) On rural lands fenced with barbed wire or other types of fencing normally meant to enclose or exclude domestic animals, signs prohibiting entry or use at least six inches by eight inches placed upon or in plain sight next to such fence not more that one hundred fifty feet apart shall create a rebuttable presumption that reasonable notice against entry or entry for certain purposes had been given.
(2) Even though not open to the public, the person did not substantially interfere with the use of the property or damage of any property, and upon being ordered to leave the person did so without undue delay.
(1) Cause bodily harm to any person, or(b) Extortion shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(2) Commit any offense, or
(3) Unlawfully injure or destroy any property, or
(4) Expose any personal information or secret not public knowledge tending to expose any person to hatred, contempt, or ridicule, or to impair his business or reputation, except by institution of legal proceedings to recover the debt demanded or proper reports to bonafide credit agencies, or;
(5) Unlawfully take or withhold official action.
(1) The card was stolen: or(b) Fraudulent use of a credit card shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. Restitution shall be required.
(2) The card has been revoked or canceled; or
(3) For any other reason whose use of the credit card is unauthorized by either the issuer or the person to whom the card has been issued.
(1) Use or possess for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or(b) Deceptive business practice shall be punishable by a fine not exceeding Five Thousand Fifty Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
(2) Sell, offer, or expose for sale, or deliver less than the represented quality or quantity of any commodity or service; or
(3) Take or attempt to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(4) Sell, offer or expose for sale adulterated or mislabeled commodities:
(i) "adulterated" means varying from the standard of composition or quality prescribed by law or commercial usage; or(5) Make a substantial false or misleading statement in any advertisement addressed to the public or a substantial segment thereof for the purpose of promoting the purchase or sale of property or services; or
(ii) "mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by law or commercial usage; or
(6) Make a false or misleading written statement for the purpose of obtaining property or credit; or
(7) Make a false or misleading written statement for the purpose of promoting the sales of securities, or omit information required by law to be disclosed in written documents relating to securities.
(1) Destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with the intent to hinder enforcement of that interest; or(b) Defrauding creditors shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
(2) Deal with property with the intent to defeat or obstruct the operation of any law relating to administration of property for the benefit of creditors; or knowingly falsify any writing or record relating to the property; or knowingly misrepresent or refuse to disclose to a person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.
(1) If the amount to which the interest applies is less than One Hundred Dollars ($100.00) or the period of the loan or financing is less than one year, or both, the rate of interest shall not exceed a 24% per annum simple interest rate.(b) Criminal usury shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both. The victim shall be entitled to restitution for double the actual amount of interest which was actually paid and cancellation of all interest owing for the term of the financing.
(2) If the amount to which the interest applies is greater than One Hundred Dollars or the period of the loan or financing is greater than one year, or both, the rate of interest shall not exceed an 18% per annum simple interest rate.
(1) Attempt to cause or cause serious bodily injury to another; or(b) Assault in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or banishment for a term of not less than one year nor more than ten years or any combination of the above punishments.
(2) To use a deadly weapon with the intent to cause serious bodily injury, or with the intent to put in fear of imminent serious bodily injury with the apparent ability to do so.
(1) Attempt to cause or cause bodily injury to another; or(b) Assault in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(2) Negligently cause bodily injury to another with a weapon; or
(3) Attempt by a show of force or violence to put another in fear of imminent bodily injury with the apparent ability to do so; or
(4) Recklessly endanger another by an act or omission to act which threatens to cause serious bodily injury to another, whether or not such harm actually occurs.
(1) With intent to terrorize another or place such other in fear of imminent serious bodily injury or(b) Verbal or written assault shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(2)To cause evacuation of a building, place of assembly, or transportation, or otherwise to cause serious public inconvenience.
(1) Purposely, knowingly and wrongfully with the malice aforethought cause the death of another human being , or(b) Homicide in the first degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than ten years nor more than life; or any combination of the above.
(2) Cause the death of another human being due to the commission or attempted commission of a felony or offense punishable by banishment.
(1) Recklessly or negligently with disregard of the possible consequence of ones conduct to cause the death of another human being; or(b) Homicide in the second degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00), or by term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than one year nor more than twenty years; or any combination of the above.
(2) Cause the death of another human being by operating a motor vehicle in a reckless, negligent, or careless manner, or while under the influence of an alcoholic beverage, intoxicating liquor, a controlled substance, or any drug, to a degree which renders the person incapable of safely driving a vehicle.
(i) a blood alcohol content in excess of .10 shall create a rebuttable presumption that the person was under the influence of an alcoholic beverage.(3) Cause the death of a human being due to the commission of any criminal offense.
(ii) for purposes of this section, a motor vehicle is any self- propelled vehicle and includes, but is not limited to, any automobile, truck, van, motorcycle, train, engine, watercraft, aircraft or snow mobile.
(1) Aiding or soliciting a suicide shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both, if the defendant's conduct has actually caused or contributed substantially to a suicide, or attempted suicide:
(2) Otherwise, aiding or soliciting a suicide is punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.
(1) To hold for ransom or reward, or as a shield or hostage; or(b) A removal, restraint, or confinement is wrongful within the meaning of this Code if it is accomplished by force, threat or deception, or, in the case of a person under the age of fourteen or incompetent, if it is accomplished without the consent of a parent, guardian other person responsible for general supervision of his welfare.
(2) To facilitate commission of any offense or flight thereafter; or
(3) To inflict bodily injury on or to terrorize the victim or another; or
(4) To interfere with the performance of any Tribal governmental or political function.
(i) with the intent to hold the child for period substantially longer that any visitation or custody period previously awarded by a court of competent jurisdiction; or(2) Intentionally take, entice or detain an incompetent or other person who has been committed by authority of law to the custody of another person or institution from the other person or institution, without good cause and with knowledge that there is no legal right to do so.
(ii) with the intent to deprive another person of their lawful visitation or custody rights; or
(b) Custodial interference shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00) or by a term of imprisonment in the Tribal jail not to exceed three months or both.
(1) Commit any criminal offense; or(b) It is an affirmative defense to prosecution based on this section, except for subsection (1) above, that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other in a lawful manner to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure, or proposed official action; for example, as by refraining from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.
(2) Accuse anyone wrongfully of a criminal offense; or
(3) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business reputation; or
(4) Unlawfully take or withhold action as an official, or cause an official to take or withhold action.
(1) Compel another to submit to sexual intercourse by force or by the threat of imminent death, serious bodily injury, extreme pain, or kidnapping to be inflicted on that person or anyone else; or(b) Rape in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than five years nor more than life; or any combination of the above.
(2) Engage in sexual intercourse with a person under the age of fourteen, regardless of consent.
(1) Compel another to submit to sexual intercourse by any threat that would prevent resistance by a person of ordinary resolution; or(b) Rape in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than one year nor more than five years; or any combination of the above.
(2) Engage in sexual intercourse with another whose power to appraise or control their conduct has been substantially impaired by the administration or employment of drugs or other intoxicants, without their knowledge, and for the purpose of preventing resistance; or
(3) Engage in sexual intercourse with a person with the knowledge that the person suffers from a mental disease or defect which renders that person incapable of appraising the nature of their conduct; or
(4) Engage in sexual intercourse with a person who is unconscious or with a person who is unaware, or with a person who submits because they falsely suppose that the person is their spouse; or
(5) Engage in sexual intercourse with a person under the age of sixteen but over the age of fourteen, regardless of consent, the perpetrator being at least four years older than the victim.
(1) That person is compelled to participate by any threat that would prevent resistance by a person of ordinary resolution; or(b) Deviate sexual intercourse shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(2) That person is compelled to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or
(3) The other person's power to appraise or control his conduct has been substantially impaired by the administration or employment of drugs or other intoxicants, without his knowledge, and for the purpose of preventing resistance; or
(4) The offender has knowledge that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of this conduct or the offender has knowledge that the other person is unconscious or submits because he is unaware that a sexual act is being committed upon him; or
(1) With knowledge that the conduct is offensive to the other person; or(b) Sexual contact is any touching of the sexual or other intimate parts of the person of nother or otherwise taking indecent liberties with another for the purpose of arousing or gratifying sexual desire of either party.
(2) With knowledge that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct; or
(3) With knowledge that the other person is unaware that a sexual act is being committed; or
(4) After having substantially impaired the other person's power to appraise or control his conduct by administering or employing without the other's knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or
(5) If that person is less than fourteen years old regardless of consent; or
(6) If that person is less than sixteen years old and the actor is at least four years older than the person regardless of consent; or
(7) If that person is less than twenty-one years old and the actor is his parent, guardian or otherwise responsible for general supervision of his welfare regardless of consent; or
(8) If that person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him regardless of consent.
(1) Threaten unlawful harm to any person with intent to influence another's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official, or voter; or(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
(2) Threaten harm to any public servant or relative of a public servant with the intent to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial, legislative, or administrative, or administrative proceeding; or
(3) Threaten harm to any public servant or official or relative of either with the intent to influence him to violate his duty; or
(4) Privately address any public servant who has or will have an official discretion in a judicial or administrative proceeding and making thereby any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.
(1) Fees prescribed by law to be received by a public servant, or any benefit for which the recipient gives lawful consideration or to which he is otherwise entitled; or(c) Improper gifts to public servants shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed six months; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(2) Gifts or other benefits conferred on account of kinship, traditional ceremonies, or other personal, professional or business relationship independent of the official status of the receiver; or
(3) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
(1) Subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement or personal or property rights; or;(b) Oppression in office shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years nor more than life.
(2) Deny or impede another in the exercise or enjoyment of any right, power, or immunity.
(1) Without lawful authority appropriate the money or any portion of it to his own use or the use of another; or(b) "Public money" includes all money, bonds, and evidences of indebtedness or their equivalent, belonging to, or received or held by the Tribe or any other government, or any account or money held by the Tribe or government for any individual or group.
(2) Loan the money or any portion thereof without lawful authority; or
(3) Fail to keep the money in his possession until lawfully disbursed or paid out according to law; or
(4) Deposit the money in an unauthorized bank or with a person not lawfully authorized to receive such; or
(5) Knowingly keep any false account, or make a false entry or erasure in any account of or relating to the money; or
(6) Fraudulently alter, falsify, conceal, destroy, or obliterate any such account; or
(7) Knowingly refuse or omit to pay over on lawful demand by competent authority any public monies in his hands; or
(8) Knowingly omit to transfer money when transfer is required by proper authority; or
(9) Make a profit for himself or another when not lawfully entitled to such, or in an unlawful manner, out of public monies; or
(10) Fail to pay over to the proper account or authority any fines, forfeitures, or fees received by him; or
(11) Otherwise handle public money in a manner not authorized by law for his own benefit or the
(12) Handle public money in a reckless manner as a result of which a risk of loss of such money is significant.
(1) Make any written false statement which he does not believe to be true; orwith a purpose to mislead a public servant in performing his official function.
(2) Purposely create a false impression in a written application for any benefit by omitting information necessary to prevent statements therein from being misleading; or
(3) Submit or invite reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
(4) Submit or invite reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false;
(1) While believing that an official proceeding or investigation is· pending or about to be instituted, to attempt to induce or otherwise cause a person to:(b) Tampering with witnesses shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year or both.
(i) testify or inform falsely; or(2) To harm another by an unlawful act in retaliation for anything done by another in his capacity as a witness or informant; or
(ii) withhold any testimony, information, document or thing, or
(iii) elude legal process summoning him to testify or supply evidence; or
(iv) absent himself from any proceeding or investigation to which he has been legally summoned; or
(3) To solicit, accept or agree to accept any benefit in consideration for doing any of the things specified in this section.
(1) Alter, destroy, conceal or remove any record, document, or thing with the intent to impair its verity or availability in such proceeding or investigation; or(b) Make, present, or use any record, document, or thing knowing it to be false and with a purpose to mislead a public servant who is or may be engaged in such proceeding or investigation.
(1) Knowingly make a false entry in, or false alteration of, any record, document or thing belonging to or received or kept by, the Tribe or government for information or record, or required by law to be kept by others for information of the Tribe or government; or(b) Tampering with Public Records shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or both combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(2) Make, present or use any record, document, or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in subsection (1) above; or
(3) Purposely and unlawfully destroy, conceal, remove or otherwise impair the truth or availability of any such record, document or thing.
(1) Use force, violence, intimidation, or engage in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; or(b) Obstructing governmental function shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(2) Purposely obstruct, impair, or prevent the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
(1) Harbor or conceal the other; or(b) Obstructing justice shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both, unless the recipient of any of the above aid has been previously sentenced to banishment, in which case a conviction under this section may result in both parties being banished for a term equal to one half of the original sentence of banishment, plus a fine up to Five Thousand Dollars ($5,000.00).
(2) Provide or aid in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape; or
(3) Conceal or destroy evidence of the offense, or tamper with a witness, informant, document or other source of information, regardless of its admissibility in evidence; or
(4) Warn the other of impending discovery or apprehension, except if such warning is given in an attempt to get the other person to comply with the law; or
(5) Volunteer false information to a law enforcement officer for the purpose of preventing the apprehension of another; or
(6) Obstruct by force, threat, bribery or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of another person.
(1) Remove oneself from official detention or fail to return to official detention following temporary leave granted for a specific purpose or period; or .(b) "Official detention" means, arrest, detention in any facility for
(2) Knowingly procure, make, or possess anything which may facilitate escape while being held in official detention; or
(3) Aid another person to escape official detention; or
(4) Knowingly provide a person in official detention with anything which may facilitate such a person's escape.
(1) Physically return to the territorial jurisdiction of the Tribe except while actually traveling upon a public highway, or as allowed by law, or(b) Unlawful return of Banished persons shall be punishable by a fine of Five Thousand Dollars ($5,000.00), and by imprisonment in the Tribal jail for a term not exceeding one year, and by banishment for a term equal to the original term of banishment which was violated.
(2) To apply for or attempt to claim any right, privilege or immunity by virtue of membership in the Tribe except as provided by law.
(1) Physically return to the territorial jurisdiction of the Tribe except while actually traveling upon a public highway, or as allowed by law: or(b) Aiding return of banished persons shall be punishable by a fine of Five Thousand Dollars ($5,000.00) and by imprisonment in the Tribal jail for a term not exceeding one year, and by banishment for a period not in excess of one-half of the term for which the returned person was banished.
(2) Apply for or attempt to claim any right, privilege, or immunity by virtue of membership in the Tribe except as allowed by law.
(1) Cause a false fire alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property; or(b) False alarms shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.
(2) Give false information to any law enforcement officer with purpose to implicate another in an offense; or
(3) Report to law enforcement authorities an offense or other incident within their concern knowing or believing that it did not occur; or
(4) Pretend to furnish law enforcement authorities with information relating to an offense or incident when one knows he has no information relating to such offense or incident; or
(5) Give a false name or address to a law enforcement officer in the lawful discharge of his official duties.
(1) Steal, deface, mutilate, alter, falsify, or remove all or part of any record, map, book, document or thing, or any court documents or records, placed or filed in any public office, or with any public officer, or to permit another to do so; or(b) Tampering with public property shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250,00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.
(2) Knowingly injure, deface or remove any signal, monument or other marker placed or erected as part of an official survey of the tribe or federal government without authority to do so; or
(3) Intentionally deface, obliterate, tear down, or destroy any copy or transcript or extract from any law or any proclamation, advertisement, or notice set up or displayed by any public officer or court, without authority to do so and before the expiration of the time for which the same was to remain set up.
(1) Intentionally break down, pull down or otherwise injure or destroy any jail or other place of confinement: or(b) Injuring public property shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(2) Intentionally and without authority dig up, remove, displace or otherwise injure or destroy any public roadway highway or bridge or private road or bridge or other public building or structure; or
(3) Remove or injure any milepost, guidepost or road or highway sign or marker or any inscription on them while such is erected along a road or highway.
(4) Knowingly and without authority to do so, remove, injure, deface, or destroy any public building or structure, or any personal property belonging to the Tribe to any other government or government agency.